As hurricanes devastate the Caribbean, employers in the US are preparing for a potential impact late in the season. This detailed set of Frequently Asked Questions, fully updated for 2025, addresses the workplace-related...more
10/31/2025
/ Business Closures ,
Corporate Counsel ,
Disaster Preparedness ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Foreign Workers ,
Hiring & Firing ,
Hurricane Season ,
Labor Relations ,
Layoffs ,
Leave of Absence ,
Natural Disasters ,
Severe Weather ,
Unemployment Benefits ,
Wage and Hour ,
Workers' Compensation Claim ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
A recent privacy rights development could have major implications for any school or non-profit that has a website, as a Michigan federal court gave the greenlight for a video privacy protection lawsuit to proceed against...more
10/24/2025
/ Colleges ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Educational Institutions ,
Personally Identifiable Information ,
School Districts ,
Social Media ,
Third-Party Service Provider ,
Tracking Systems ,
Universities ,
Video Privacy Protection Act ,
Websites ,
Wiretapping
A California federal court recently handed businesses another major victory in the ongoing wave of privacy lawsuits targeting website analytics and tracking tools. On September 30, Judge Fernando Aenlle-Rocha of the Central...more
10/24/2025
/ Analytics ,
Article III ,
California ,
CIPA ,
Class Action ,
Consent ,
Cookies ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Dismissals ,
Invasion of Privacy ,
Privacy Policy ,
Standing ,
State Privacy Laws ,
Tracking Systems ,
Website Owner Liability ,
Websites
A federal judge in San Francisco just gave website operators a major win, calling the California Invasion of Privacy Act “a total mess” – but the ruling also highlights major privacy risks businesses still face nationwide....more
10/22/2025
/ Analytics ,
California ,
CIPA ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Selling ,
Data Use Policies ,
Data-Sharing ,
Eavesdropping ,
Invasion of Privacy ,
Personal Information ,
Popular ,
Privacy Policy ,
Summary Judgment ,
Targeted Digital Advertising ,
Web Tracking ,
Website Owner Liability ,
Websites ,
Wiretapping
California Governor Gavin Newsom late Monday vetoed the much-watched “No Robo Bosses Act” (SB 7), a measure that would have placed strict limits on how employers use AI in discipline, termination, and scheduling decisions....more
The California Privacy Protection Agency, the state’s main data privacy regulator, just announced its largest fine yet – a record-setting $1.35 million – against an employer that it found to have violated job applicant and...more
10/1/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Employee Privacy Rights ,
Employer Liability Issues ,
Enforcement Actions ,
Hiring & Firing ,
Job Applicants ,
Notice Requirements ,
Opt-Outs ,
Popular ,
Privacy Policy
California lawmakers just passed a law that could soon require employers to not only provide notices to applicants and workers when AI is used in workplace decision-making, but would also prohibit the use of AI for certain...more
9/15/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
Employment Policies ,
Enforcement Authority ,
Governor Newsom ,
Hiring & Firing ,
Job Applicants ,
Notice Requirements ,
Pending Legislation ,
State Labor Laws
Officials from California, Colorado, and Connecticut just announced a coordinated investigative sweep targeting companies whose websites may be ignoring automatic opt-out preference signals that users can configure in their...more
9/12/2025
/ California ,
Colorado ,
Connecticut ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Privacy ,
Data Selling ,
Data Use Policies ,
Data-Sharing ,
Enforcement Priorities ,
Opt-Outs ,
Personal Data ,
Privacy Policy ,
Security and Privacy Controls ,
Targeted Digital Advertising ,
Websites
You are increasingly using AI to help shape your decisions about who gets hired, promoted, or even approved for a loan. But if your algorithm results in bias, your organization could face lawsuits, regulatory scrutiny, and...more
8/21/2025
/ Artificial Intelligence ,
Auditors ,
Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Data Privacy ,
Data Security ,
Disparate Impact ,
Hiring & Firing ,
Vendors
Colorado Governor Jared Polis just called for a special legislative session starting August 21 to revisit the state’s landmark artificial intelligence law, signaling that employers and businesses may gain a reprieve from what...more
8/8/2025
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Colorado ,
Disclosure Requirements ,
Documentation ,
Employment Discrimination ,
Governor Polis ,
Hiring & Firing ,
Impact Assessments ,
Notice Requirements ,
Recordkeeping Requirements ,
Risk Management ,
Small Business ,
Special Sessions ,
State Legislatures
Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more
8/6/2025
/ California ,
CIPA ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Dismissals ,
Leave to Amend ,
Privacy Disclosures ,
State Privacy Laws ,
Third-Party ,
Web Tracking ,
Websites
Businesses should be aware of recent public outreach in California – and other states with consumer privacy laws – signaling that increased enforcement activity is on the horizon. For instance, the California Privacy...more
7/28/2025
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Covered Business ,
Data Privacy ,
Data Selling ,
Data-Sharing ,
Opt-Outs ,
Personal Data ,
Personal Information ,
State Privacy Laws ,
Website Owner Liability ,
Websites
If your company uses a third-party tool to power your website chat function or AI-assisted customer service, the 9th Circuit Court of Appeals just delivered a ruling you should know about. On July 9, the court affirmed...more
7/22/2025
/ Aiding and Abetting ,
Appeals ,
Artificial Intelligence ,
CIPA ,
Consumer Privacy Rights ,
Data Privacy ,
Digital Communications ,
Privacy Laws ,
Privacy Policy ,
Summary Judgment ,
Third-Party Service Provider ,
Vendors ,
Websites ,
Wiretapping
New Jersey officials recently released proposed privacy regulations that would create several new compliance obligations for businesses above and beyond what existing state law and many other state laws require, meaning you...more
7/18/2025
/ Artificial Intelligence ,
Comment Period ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Use Policies ,
Disclosure Requirements ,
Duty of Care ,
Impact Assessments ,
New Jersey ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Sensitive Personal Information
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
7/8/2025
/ California ,
CIPA ,
Class Action ,
Consent ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Privacy Policy ,
Proposed Legislation ,
State Privacy Laws ,
Web Tracking ,
Websites ,
Wiretapping
Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more
7/8/2025
/ California Consumer Privacy Act (CCPA) ,
CIPA ,
Consent ,
Consumer Privacy Rights ,
Cookie Banners ,
Cookies ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data-Sharing ,
Enforcement Actions ,
Opt-Outs ,
Personal Information ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
Targeted Digital Advertising ,
Third-Party ,
Unfair Competition Law (UCL) ,
Web Tracking ,
Websites
Senators voted overwhelmingly in the early morning hours yesterday to drop the proposed pause on state AI laws that would have dissuaded state lawmakers from regulating artificial intelligence at the local level for the next...more
7/2/2025
/ Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Disparate Impact ,
Employer Responsibilities ,
Employment Discrimination ,
Moratorium ,
Multistate Employers ,
Popular ,
Senate Committees ,
States Rights
We’re now one step closer to the nation’s first-ever comprehensive federal AI regulation after Senate leaders just agreed to several key compromises to a proposal that would block states from receiving key federal funding if...more
7/1/2025
/ Artificial Intelligence ,
Bias ,
Child Safety ,
Constitutional Challenges ,
Copyright ,
Employment Discrimination ,
Federal Funding ,
Popular ,
Preemption ,
Proposed Legislation ,
State Legislatures ,
States Rights
Congress may be debating whether to slam the brakes on state-level AI laws for the next decade, but state lawmakers aren’t waiting around for the outcome. From active regulations to proposed bills, states are moving full...more
California just released the most comprehensive, forward-looking AI policy framework we've seen from any US jurisdiction to date – and it is expected to lay the groundwork for legislation and regulation we could see emerge in...more
A controversial federal effort to dissuade states from regulating artificial intelligence just cleared a major procedural hurdle, potentially reshaping the AI regulatory landscape for years to come. Senate leaders announced...more
New York could soon jump into the lead of the national AI regulation race. With broad bipartisan support, state lawmakers passed the groundbreaking Responsible AI Safety and Education Act (RAISE Act) on June 12, aimed...more
A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more
6/19/2025
/ All-Party Consent ,
Artificial Intelligence ,
Audio Recording ,
CIPA ,
Class Action ,
Confidential Communications ,
Contract Terms ,
Corporate Counsel ,
Customer Service Calls ,
Data Privacy ,
Data Use Policies ,
Disclosure Requirements ,
Failure To Disclose ,
Invasion of Privacy ,
Natural Language Processing ,
Popular ,
Risk Management ,
State Privacy Laws ,
Third-Party Liability ,
Vendors ,
Wiretapping ,
Without Consent
In a significant decision for privacy class action litigation, a federal judge in California recently denied the certification of a proposed class action involving claims under the state’s invasion of privacy law. The May 29...more
6/11/2025
/ Article III ,
CIPA ,
Class Action ,
Class Certification ,
Class Representatives ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
E-Commerce ,
Failure To Preserve ,
FRCP 23(a) ,
Invasion of Privacy ,
Privacy Laws ,
Retailers ,
Standing ,
Third-Party Liability ,
Web Tracking
In a significant enforcement move, California’s consumer privacy regulator just ordered a national clothing retailer to pay a $345,178 fine to resolve alleged violations of the state’s privacy law. The California Privacy...more
5/16/2025
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Consumer Privacy Rights ,
Corporate Counsel ,
Corrective Action Plans (CAPs) ,
Data Collection ,
Data Privacy ,
Data Processors ,
Enforcement Actions ,
Internet Retailers ,
Opt-Outs ,
Personal Information ,
State Privacy Laws